A. Number of parking spaces:
2. In the R-MH zone, parking shall be provided at the ratio of two open spaces per mobile home, plus one open space per every five mobile homes for guest parking.
3. Parking requirements for a dormitory, fraternity, sorority or lodging house shall be one-half space, open or enclosed, per planned resident.
4. All other uses shall require parking as indicated in Chapter 15.55 of this title.
B. Resident parking:
1. Required parking for residents shall be within a garage or a covered carport, as allowed by this subdivision.
2. Garages shall be enclosed on three sides and equipped with a door for the vehicular entrance on the fourth side other than as noted below:
a. Except in R-1, R-1P, R-2 and R-2P zones, the garage doors may be eliminated from all garages that are not visible from the public street.
b. Except in R-1, R-1P, R-2 and R-2P zones, covered carports may be substituted for garages if the structure is not visible from a public street.
c. In the case of city- sponsored housing rehabilitation programs, a committee con-sisting of the Director of Community Development or his/her designee, the Director of Public Works or his/her designee, upon the conclusion of a public hearing held pursuant to Chapter 15.76 of this title, may modify the resident parking requirement to an extent commensurate with the value and situation of the housing being rehabilitated.
3. Required handicapped parking for residents shall be provided in accordance with City of Fullerton Building Code.
4. Existing multiple family housing developments in the R-G, R3-R, R-3, R-4 and R-5 zones may utilize mechanical parking devices and tandem parking to increase the parking supply, subject to approval of a Minor Site Plan application and compliance with the following provisions.
a. Mechanical parking devices:
i. Parking spaces in a vertically stacked configuration shall be assigned to the same unit.
ii. Vertically stacked parking spaces shall require use of a key or other locking mechanism to prevent unauthorized access to the device and vehicles.
iii. Manual override shall be provided to allow the upper vehicle to be accessed and removed during a power outage.
iv. Property owner shall maintain parking lifts at regular intervals per manufacturer recommendations, and provide for 24 hour emergency service.
v. Parking lifts must be designed to accommodate mid-sized (or larger) SUVs.
vi. Mechanical parking devices may not be used for oversized vehicles, disabled and guest parking spaces.
vii. Parking lifts shall be designed to prevent vehicle fluids and/or debris from the upper vehicle spilling onto the lower vehicle.
viii. Vertically stacked parking spaces shall not be utilized to store non-operative vehicles.
ix. Mechanical parking devices may be located in a garage or carport, or may be unenclosed provided they are screened so as not to be readily visible from a public street and adjacent properties, as determined by the Community Development Director through the Site Plan review process. The Community Development Director may further authorize removal of existing garages or carports if necessary to accommodate parking devices.
x. Vertically stacked parking spaces shall be located in compliance with development standards for the zone in which they are located, including but not limited to height, setback and driveway requirements. The Community Development Director may grant a reduction in setback for mechanical parking devices as part of the Minor Site Plan Review under all of the following conditions:
(a) The mechanical devices will provide parking to meet existing demand on the project site.
(b) The parking cannot be accommodated in any other manner on the property.
(c) The installation complies with all other provisions of Section 15.17.080.B.4.a.
b. Tandem parking shall be permitted subject to the following provisions:
i. Minimum parking stall dimensions shall comply with requirements for standard size parking spaces.
ii. Tandem parking spaces shall be utilized for resident parking only, and shall be assigned to the same unit.
iii. Inoperable vehicles shall not be stored in tandem parking spaces.
iv. No more than 50% of the parking shall be provided as tandem spaces.
5. New construction of multiple family housing developments in the R-G, R3-R, R-3, R-4 and R-5 zones may utilize mechanical parking devices and tandem parking subject to the requirements listed in the following subsections. The parking configuration, including proposed parking devices, shall be considered as part of the Major or Minor Site Plan, or other application as may be required for the development.
a. Mechanical parking devices:
i. Parking spaces provided in a stacked configuration shall be assigned to the same unit.
ii. Vertically stacked parking spaces shall require use of a key or other locking mechanism to prevent unauthorized access to the device and vehicles.
iii. Manual override shall be provided to allow the upper vehicle to be accessed and removed during a power outage.
iv. Property owner shall maintain parking lifts at regular intervals per manufacturer recommendations, and provide for 24 hour emergency service.
v. Parking lifts shall be designed to accommodate mid-sized (or larger) SUVs.
vi. No more than 50% of required parking shall be provided by mechanical devices. Surface parking shall be provided to accommodate oversize vehicles, disabled and guest parking spaces.
vii. Parking lifts shall be designed to prevent vehicle fluids and/or debris from the upper vehicle spilling onto the lower vehicle.
viii. Vertically stacked parking spaces shall not be utilized to store non-operative vehicles.
ix. Mechanical parking devices may be located in a garage or carport, or may be unenclosed provided they are screened so as not to be visible from a public street or adjacent properties.
x. Vertically stacked parking spaces shall be located in compliance with development standards for the zone in which they are located, including but not limited to height, setback and driveway requirements.
b. Tandem parking shall be subject to the following provisions:
i. Minimum parking stall dimensions shall comply with requirements for standard size parking spaces.
ii. Tandem parking spaces shall be utilized for resident parking only, and shall be assigned to the same unit.
iii. Inoperable vehicles shall not be stored in tandem parking spaces.
iv. Tandem parking shall not cause the property to exceed the applicable lot coverage standard.
v. No more than 50% of the parking shall be provided as tandem spaces.
c. A maximum of 50% of the resident parking may be provided by any combination of mechanical parking devices and tandem parking spaces.
C. Guest parking:
1. All required parking for guests shall be open and uncovered, clearly marked and signed, and accessible at all times.
2. Guest parking shall be evenly distributed throughout the development for the convenience of the guests. In condominium, stock cooperative or community apartment projects, the required guest parking spaces shall not be individually sold or assigned to particular units, unless the City approves a Conditional Use Permit to allow such a use.
3. A signing program for the required guest parking shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits.
4. If security gates are utilized for the parking area, either all of the required guest parking must be outside the gates and available for the convenience of guests, or a direct phone system to all the units must be installed. Any such installation shall fully comply with any conditions of approval attached to the proposal by the Zoning Administrator, including the need for building and electrical permits prior to the start of work.
D. Stall size:
1. A standard size parking space shall have a minimum length of 19 feet and width of 9 feet.
2. Compact car stalls, of a size no smaller than 16 feet in length by 8 feet in width, are permitted up to a maximum of 30 percent of the required parking.
3. The size of required handicapped parking shall comply with Title 24 of the California Building Code.
4. Whenever a parking space is adjacent to a wall, its width shall be increased one-half foot from its normal dimension.
E. Location of parking:
1. Required off-street parking spaces shall be located on the same lot or building site, except that such required spaces may be permitted at other locations when and as approved by a Conditional Use Permit.
2. Parking is permitted in a front yard setback on a driveway leading to a parking space that is located outside of the front yard setback area. Parking is not permitted in any front yard setback area that is not an approved driveway.
3. In any residential zone classification, other than the PRD zone, garages with an opening facing a public street equipped with a door swinging outward will be set back at least 25 feet from the street right-of-way line, and garages with an opening facing a public street equipped with a sectional, roll-up door will be set back at least 20 feet from the street right-of-way; garages with an opening facing a public alley will be set back at least five feet from the common property line with such alley.
4. If security gates are utilized for the parking area, either all of the required guest parking must be outside the gates and available for the convenience of guests, or a direct phone system to all the units must be installed. Any such installation shall fully comply with any conditions of approval attached to the proposal by the Staff Review Committee, including the need for building and electrical permits prior to the start of work.
5. Required parking spaces may overhang two feet over landscaped areas and walkways, other than street rights-of-way, provided the total depth of any such landscaped area or walkway is at least six feet.
6. Where it can be shown that required parking will not actually be utilized more than a few hours a week, such parking may be provided as ground cover landscaping, subject to the approval of a Conditional Use Permit.
F. Use of parking:
1. All parking required for apartments, four or more units in size, in a multi-family residential zone classification by this section is, and has been established as, necessary to accommodate the needs of residents and guests of the project for which the parking is required. The specific intent of this provision is to ensure that all tenants have access to parking in connection with their rental of an apartment unit, to the extent that it exists, and to ensure that all existing parking is used only by the tenants of the corresponding rental unit, except as otherwise provided in this section.
2. Each resident parking space shall be specifically and exclusively assigned to a rental unit according to the requirements of Sections 15.17.050(F) and 15.17.070(E). Residential parking at apartment buildings or complexes four or more units in size must be assigned according to the charts in Sections 15.17.050(F) and 15.17.070(E), such that each apartment unit has reserved for its sole and exclusive use that whole number of parking spaces mandated by these sections.
The tenants of each rental unit will have sole and exclusive use of that unit's assigned parking spaces, except as otherwise provided in this section. Guest parking shown on plans for the apartment units/complex at the time of site plan or other approval and any additional guest parking required by subsequent approvals shall be maintained exclusively for guests of tenants.
3. (A) Such required resident parking shall not be (i) rented, let or used for storage which would impede use of the resident parking space for parking, or occupancy of any kind by nonresidents of the project, (ii) rented or let by tenants to other tenants or to the landlord, or (iii) rented, let or used for storage of any kind which would impede use of the resident parking space for parking by the landlord to any other tenant within the same building or complex, unless a Conditional Use Permit is approved to allow such uses and occupancy. However, as to any tenant who does not require a vehicle parking space, the landlord may allow that tenant's assigned parking space to be used by another tenant of the building or complex provided that no fee or charge may be made for such use.
(B) Required guest parking shall not be (i) rented, let or used for storage or other than temporary occupancy by tenants and guests of the project, (ii) rented or let by tenants to other tenants or to the landlord, or (iii) rented, let or used for storage of any kind by the landlord to any other tenant within the same building or complex, unless a Conditional Use Permit is approved to allow such uses and occupancy.
4. For any apartment building or complex consisting of four or more units which was built prior to 1950 and which does not have at least one on-site parking space per unit, no unit shall be assigned more than one on-site parking space so long as the legal non-conformity exists, and those on-site spaces which are available shall be assigned exclusively to tenants, on an equitable basis, such as by seniority of residence, drawing by lot, issuance of one parking decal or permit to each tenant and allowing tenant parking on a first come first served basis for permitted vehicles, or similar equitable methodology. Any tenant who does not require a vehicle parking space need not be included in the equitable distribution system.
5. All landlords and tenants affected by any changes to this section must comply with these provisions within ninety (90) days of the effective date of this section. Thereafter, violations of these provisions shall be punished pursuant to Section 1.08.010 of the Fullerton Municipal Code.
6. Amortization. Any landlord who is unable to comply with the provisions of this section due to the existence of insufficient on-site parking spaces to comply with this section, or because of the existence of a lawful and valid agreement for rental of parking spaces to non-tenants or for more than the required number of spaces to particular tenants, which provides for a fixed term and was entered into prior to March 1, 2005, may seek an extension of time to comply with the provisions of this section. The purpose of an extension of time shall be to provide a reasonable opportunity to amortize the property owners investment in cases of economic hardship while making every effort to insure that parking spaces are made available to tenants as required herein as expeditiously as possible. The Application for Extension provides a process for the City to review the applicant's statement relating to alleged economic hardship arising from compliance with this section, the nonconformity's impact on the community and consistency with current City goals and policies, and to provide an opportunity for the owner of such a property to address his plans for the property and the reasons why amortization of the investment involved could not be accomplished in the ninety day amortization period provided in this Chapter.
7. The owner of property who seeks to extend the period in which to comply with the provisions of this section, or his authorized agent, may file an application for extension of the amortization period. Such applications shall be filed and considered pursuant to the following procedures:
(A) Extensions by Development Services Director. The Development Services Director may extend the original amortization period, upon the filing of an Application for Extension in accordance with this Chapter demonstrating reasonable need, in the following circumstances:
1. Where there is insufficient on-site parking spaces to comply with this section and the owner demonstrates a need for additional time to implement an equitable allocation of existing spaces among tenants; and/or
2. The owner/landlord entered into an agreement for rental of parking spaces to non-tenants or for more than the required number of spaces to particular tenants, which provides for a fixed term (i.e., is not month to month) and was entered into prior to March 1, 2005.
(B) To receive such extension consideration, the property owner shall request an extension in writing on forms prepared for that purpose, no later than thirty (30) days prior to the expiration of the amortization period as set forth in this Chapter, including a full explanation of the reason why the extension should be granted. Applications for Extension shall be filed with the Director of Development Services. Any decision of the Director of Development Services under this Section may be appealed to the Planning Commission within ten (10) days of issuance of the written notice of the Director's decision. In the absence of a timely filing of an appeal of the decision of the Development Services Director to the Planning Commission, the decision of the Development Services Director shall be final and conclusive as of the date it is mailed to the property owner. Upon any timely appeal to the Planning Commission, its decision shall be final and conclusive as of the date of the adoption of the resolution granting or denying extension.
(C) Extension Findings. The following shall constitute the findings for granting an Application for Extension. The hearing body may grant the extension only upon making all of the required findings based upon the evidence presented at the hearing. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts supporting the conclusion that the findings as set forth below can be made:
1. The property owner or applicant or both will suffer severe economic hardship unless an extension of the amortization time is granted; and
2. The severe economic hardship is not the result of actions undertaken voluntarily by the property owner or applicant; and
3. The property owner and applicant have taken all reasonable and necessary steps to bring the property into conformity or mitigate the effects of its nonconformity within the amortization period permitted; and
4. It is not reasonably feasible to provide the minimum number of parking spaces required by the Fullerton Municipal Code and to allocate them for tenants' use only as required, or it is not reasonably feasible to terminate existing parking space lease agreements which extend beyond ninety (90) days from the effective date of this section.
(D) No extension of amortization may be granted if continuation of noncompliance with the requirements of this Chapter will unreasonably interfere with the use, possession, or enjoyment of surrounding and adjacent properties, or the harm caused by allowing extension of the amortization period outweighs any demonstrated hardship upon the property owner seeking an extension. Under no circumstances shall an extension of the amortization period be granted for a period longer than one (1) year. For apartment building owners who are unable to comply with this section due to physical limitations of the existing property and buildings thereon, a variance from the provisions of this Chapter must be sought prior to the expiration of the amortization period and any extension thereof.
(Ord. 3254 §§ 4, 5, 2018; Ord. 3197 § 10, 2013; Ord. 3131 (part), 2009; Ord. 3062 § 1, 2005: Ord. 2982, 2001)